87-052056 ~ Durham Road ~ Highway 99W 00414
6 tl
87030099
$7052056
CORPORATION PERMANENT SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT Albertson' s , Inc- F a
Delaware corporation
hereinafter called the Grantors, in consideration for the sum of
One dollars (t- 1. 00 ) from the City of
Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a
perpetual easement for constructing, reconstructing, operating, maintaining,
inspecting and repairing of an underground sewer line and appurtenances,
together with the right to remove, as necessary, vegetation, foliage, trees
and other obstructions on the following described parcel of land, situated in
the City of Tigard, Washington County, State of Oregon: See Schedule I
attached hereto and incorporated herein by this reference.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,
title or interest except those expressly stated in this easement, nor
otherwise prevent Grantors from the full use and dominion thereover; provided,
however, that such use shall not interfere with the uses and purposes of the
intent of the easement.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said easement to be vacated, the rights of
the Grantee in the above-described easement will be forfeited and shall
immediately revert to the Grantors, their successors and assigns in the case
of such event.
To HAVE AND TO HOLD the above-described and granted premises unto said
Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the undersigned corporation has caused this easement
to be executed by its duly authorized, undersigned officers acting pursuant to
resolution of its Board of Directors.
The Easement Addendum attached hereto is incorporated herein
by this reference. Albertson' s, Inc.
Name of Corporation
Corporate Seal By:
Senior VZice President
STATE OF *gftt Idaho By:
Ada ss. ge4retary IV
County of ZMX1h)0CXiX
Personally appeared Thomas R. Saldin and
Minnie 0. Armstrongwho, each being first duly sworn, did say that the
former is the Senior Vice president and that the latter is
the secretary of
Albertson' s, Inc. a corporation, and that the seal affixed to
the foregoing instrument is the corporate seal of said corporation and that
said instrument was signed and sealed in behalf of said corporation by
authority of its board of directors; and each of them acknowledged said
instrument to be its voluntary act and deed.
ry Public for Oregon-�
(NOTARIAL SEAL) glommission Expires:
le day of "-"4
Approved as t gal description this 19 -
By:
Title:
Approved this day of ?/0 L" 19
DEPARTMENT OF COMMUNITY DEVELOPMENT
By:
1.,3 Title: .7), -'e r-r
(2871P)
' ~
F[)RK41 �°� � Fn^� 2-3-2
9/- . 86
.
EASEMENT ADDENDUM
Grantor: Albertson' s, Inc.
Grantee: City of Tigard
|nstrumentOa'e:' June , 1987
Anything in this instrument to the contrary notwithstanding, Grantee by
recording this instrument and/or exercising the rights herein granted agrees to
the following conditions:
(a) The easement(s) herein granted are subject to all easements and
encumbrances of record and are non-exclusive provided later granted
easements shall be subject to Grantee's rights and uses.
(b) All lines, equipment and their related components 'and supports placed
within the described easement area(s) by Grantee, or Grantee's agents or
contractors, pursuant to this instrument ("Grantee's Property") shall
remain the property of Grantee.
(c) Grantor and its successors and assigns retain the right to full use of
-
fhe surface of the described easement area(s) except where Grantee has
placed Grantee's Property, provided, however, Grantor will not erect any
. , ._
building or major structure within the described easement area(s) .
6dl Grantee shall at all times safely operate 'and maintain Grantee's
-
'
Property within the described easement area(s) and shall promptly repair
^
� .
and restore to its prior condition any paving, parking bd striping or other
` improvements, except planters, light standards, buildings and other major
'
structures, existing within the described easement area(s) which are
_
disturbed by the construction or maintenance of Grantee's Property by
Grantee, or Grantee's agents or contractors.
(e) Grantee shall not in the exercise of the within easement(s)
_
unreasonably interfere or obstruct Grantor, or Grantor's agents or
contractors, in the location or construction of any buildings located in the
area adjoining the described easement area(s), or unreasonably interfere
with any business of Grantor' Nothing in this Paragraph (e), however,
shall ol|ov/ Grantor or Grantor's agents or contractors to construct a
building or other structure within the described easement area as provided
in Paragraph (c) herein, or to unreasonably interfere with Grantee's
rights to construct, operate and maintain Grantee's Property hereunder.
(f) After recording this instrument, Grantee shall provide Grantor with
the date, instrument number, book and page of recording.
SCHEDULE I
PERMANENT SANITARY SEWER EASEMENT
Legal Description
A 1.5.00 foot wide sanitary sewer easement, the centerline of which is desc—
ribed, as follows:
Beginning at a point on the Easterly right—of—way line of S.w. Pacific
highway which point is 637-69 feet South 89'57'21" 1,est and South 00'02'3911
East 997.69 feet from the Quarter Corner on the North line of Section 1-5,
Township 2 South, Range 1 [Jest of the Willamette Meridian in 14ashington
County, Oregon; Thence North 88'29'24" East 238.65 feet; Thence North 14*
35'31" East 659.42 feet; Thence North 89'57'21." East parallel. with the
North line of said Section 1.5, a distance of 757.50 feet to the point of
terminus.
AFTER RECORDING RETURN TO:
CITY RECORDER
CITY OF TIGARD
P 0 BOX 23397
TIGARD OR 97223
TATE OF OREGON
STATE OF OREGON SS Cou of Washington SS
County of Washington 1,Don W. Mason, Director of Assessment
I Donald W.Mason,Director of Assessment and Taxation Ind EX-Officio Recorder of Con-
and �axation and Ex-00160 Recorder of Con- veyances for S;d county, do hereby certify that
veyances for said county, do hereby certify that the within insiru nt of wetting was received
the within instrument of writing was received and recorded in boo f records of said county.
and recorded in book of records of said county, Donald Mason, Director of
Donald W. mason, Director of Assessmen and Taxation, Ex-
Assessment and Taxation, Ex- Officio Count lerk
Officio County Clerk
1987 JUN 12 Pm 12- 30
1987 OCT 14 AM 11: 10